President of Hay Bay, Ron Davis, said he is appealing the judgments on 17 counts. He said that there had been three similar appeals and they have all been won.

"We plan to get our money back," he said.

Hay Bay Genetics is also suing the cement company that installed the cement manure pit in 1994. Department of Fisheries inspectors found a deleterious substance leaking from one of four drainage pipes coming from the farm. The source was traced back to a leaking seal on the concrete manure pit.

Hay Bay Genetics had been found guilty on three charges of discharging a deleterious substance into nearby Hay Bay and one charge of failing to heed the inspector’s direction on a course of action. It was fined $35,000 and incurred about $200,000 in costs. The charges had been laid by the Department of Fisheries.

Davis feels like a man betrayed. "Inspectors were in every week and were telling us what a great job we were doing," he said.

Then one day the inspector came in with small Rainbow trout. Davis said the inspector said: "If you kill any of my fish, I’ll charge you."

Davis says the sample of water for the test was taken from the outlet, which is 165 feet from a creek. On the way to the creek, the water crossed under a road and mixed with two muddy puddles.

In the test, the Rainbow trout are placed in the sample of water. If more than half die, the water is considered polluted.

He said the inspector suggested Hay Bay build a retention pond. The pond was built in December 1998, evidence the farm was complying, but charges were laid in March of 1998.

Before the nine-day trial began, the crown offered Hay Bay Genetics a plea bargain. Essentially, it came down to confess you’re guilt and pay a $50,000 fine.

When Department of Fisheries picked on Hay Bay, says Davis, "they didn’t realize how hard we were going to fight."

While the loss of $235,000 hurts, the greater loss has been the time the trial has taken away from business, he says. The company processes about 70,000 hogs and breeding stock.